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Chap. 6877

1915

Who Ceemed residents.

Who to enforce this law.

Search without warrant.

Boats and property to

or agents, and shall not be good for any vessel or owner, other than that for which issued.

Sec. 17. No person shall be deemed a resident of this State, in the meaning of this Act who has not maintained a continuous residence therein for one year and actually resided therein for six months next preceding the time when he makes application for a fishing license.

Sec. 18. The Shell Fish Commissioner, or his duly authorized deputies shall enforce the provisions of this law and for this purpose they are constituted State Po lice Officers with full police powers to arrest without warrant anyone violating any of the provisions of this Act. The said Shell Fish Commissioner, or his deputies, shall have authority, without warrant, to board and search any vessel or boat, or enter any fish house, warehouse or other building in which fish or nets are kept, which they may have cause to believe that fish taken out of season are stored, or that contains illegal nets.

Sec. 19. That the Shell Fish Commissioner shall acbe acquired. quire, subject to the approval of the Commissioner of Agriculture, in the name of the State of Florida, such boats, vessels and other property as may be necessary to regulate and supervise the enforcement of this law and the law relating to the oysters and clams.

Unlawful to resist.

Appropriations.

Sec. 20. It shall be unlawful for any person, or per sons, to resist or in any manner interfere with the Shell Fish Commissioner, or any of his duly authorized deputies while engaged in the performance of the duties imposed upon such Shell Fish Commissioner, or his duly authorized deputies, by the provisions of this law, or Chapter 6532, Laws of Florida, relating to oysters and clams.

Sec. 21. The sum of $10,000.00 is hereby appropriated to be used in carrying out the provisions of this law, in addition to monies collected by the Shell Fish Commis sioner, or his duly authorized deputies. The Shell Fish Commissioner shall receive a salary of $3,500.00 per an num, payable monthly out of any funds in the State Treas ury not otherwise appropriated and shall be in full for all services rendered under the provisions of this Act, or as Shell Fish Commissioner under any other law; Pro

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vided, however, that the Shell Fish Commissioner before
being allowed the use of the appropriations mentioned in
this Section, shall give a good and sufficient bond in the
som of $10,000.00, said bond to be approved by the Attor-
ney General of the State.

Chap. 6877

1915

accounts.

Sec. 22. All accounts, claims and bills of any nature Auditing against the fishing industry, shall be examined by the Shell Fish Commissioner, and if found correct, same shall be approved and delivered to the Comptroller, who upon receipt of any account, claim or bill against the fish industry, approved by the Shell Fish Commissioner, shall issue a warrant drawn on the State Treasury against the Shell Fish Fund, to pay such account, claim or bill. All warrants drawn on said Shell Fish Fund by the Comp. troller, shall specify the indebtedness such warrants are intended to liquidate in whole or part, which warrant the State Treasurer shall honor and pay out of any monies to the credit of the Shell Fish Fund.

Sec. 23. It shall be the duty of the Attorney General of the State of Florida and the various State Attorneys or the Prosecuting Attorney for such County to attend to all legal business arising in connection with the enforcement of this law.

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Courts of
Equity may

Sec. 24. The courts of equity of the State of Florida
shall have jurisdiction to enforce the provisions of this enjoin.
Act and of Chapter 6532, Laws of Florida, by writ of in-
junction.

Penalties for

Sec. 25. Any one violating any of the provisions of any violation. this Act shall be fined in the sum of not exceeding six hundred dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment.

Sec. 26. All laws and parts of laws, whether general or local in their nature, in conflict with this Act be and the same are hereby repealed.

Sec. 27. This Act shall take effect immediately upon its passage and approval by the Governor.

Approved May 25, 1915.

Chap. 6878 1915

"Spirits of Turpentine" defined.

CHAPTER 6878-(No. 72).

AN ACT to Appoint Naval Stores Inspectors, to Pre scribe Their Duties and Fix Their Compensation; to Prevent and Prohibit Adulteration of Spirits of Tur pentine and Naval Stores, and to Provide for the Ap pointment and Duties and Compensation of a Supervising Inspector of Naval Stores, and to Prescribe Forfeitures and Penalties for Violating, and Methods for the Enforcement of the Provisions of This Act.

Be It Enacted by the Legislature of the State of Florida:

Section 1. That this Act shall be known as the Pure Spirits of Turpentine Act.

Sec. 2. That for the purpose of this Act the term "spirits of turpentine" shall mean pure spirits of tur pentine distilled from turpentine gum or scrape of pine trees, unmixed and unadulterated with oil or any other foreign substances of any kind whatever. Without intending hereby to limit the scope of the preceding definition, mixing with or adding to spirits of turpentine any foreign substance which affects its weight or specific gravity, shall be deemed an adulteration, and the substance so produced shall be deemed adulterated spir its of turpentine. The terms "spirits of turpentine" and "pure spirits of turpentine" shall, for the purposes of this Act, be synonymous and co-extensive. All distillates and other oils, spirits or preparations resembling or held out as substitutes for spirits of turpentine, manufactured or prepared, directly or indirectly from or by the distillation of wood or anything other than crude turpentine gum or scrape of pine trees, or chemically dif fering from pure spirits of turpentine, and not containing adulterants, shall be known as "wood spirits of turpentine." Pure spirits of turpentine adulterated or "Adulterated mixed in any proportion with any other foreign substance or adulterants whatever, or with wood spirits of turpentine, shall be known as "adulterated spirits of turpentine." Wood spirits of turpentine adulterated or mixed in any proportion with any other or foreign substances or adulterants whatever shall be known as

"Wood Spirits of Turpentine" defined.

Spirits of Turpentine" defined

Chap. 6878

1915

"adulterated wood spirits of turpentine." The term
"barrel," as used in this Act, shall include any kind of
package, vessel, tank or receptacle in which spirits of
turpentine, rosin or naval stores, shall be placed or kept Wood
for sale, shipment, consignment or delivery.

Sec. 3. That every person, firm or corporation who shall hereafter produce or manufacture for sale or shipment, or for any other than his own use or consumption, any spirits of turpentine in the State of Florida, sha!! plainly mark or write in letters not less than one inch square on the outside of the barrel containing the same, the true nature of the contents of such barrel, in such manner as to indicate whether the same contains pure spirits of turpentine, wood spirits of turpentine, adulterated spirits of turpentine, or adulterated wood spirits of turpentine, as defined by the provisions of this Act. It shall be unlawful for any person, firm or corporation to manufacture or produce any spirits of turpentine, or wood spirits of turpentine for sale, consignment or ship ment, or to sell, ship, consign or in any manner dispose of the same, whether pure or adulterated, or of any other kind whatsoever, without plainly marking or writing in the manner aforesaid, upon the outside of the barrel containing the same the words "pure spirits of turpentine," or "wood spirits of turpentine," or "adulterated spirits of turpentine," or "adulterated wood spirits of turpentine." as the case may be; and any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $1,000.00 or be imprisoned in the county jail for not more than one year, or both, in the discretion of the Court for each offense.

"Adulterated

Spirits of
Turpentine"
defined.
"Barrel"
defined.

How barrels

to be marked

for shipment.

Penalty for correctly

failure to

mark barrels.

Accessory to violations

Sec. 4. Any person who shall knowingly aid or assist in the manufacture or sale, consignment or shipment of of this act. adulterated spirits of turpentine, or adulterated wood spirits of turpentine, which shall be placed or contained in a barrel not marked in the manner provided by this Act to indicate the character of its contents, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000.00, or by imprisonment in the county jail for not more than six months, or both, in the discretion of the Court.

Chap. 6878

1915

Unlawful to

offer for sale

as pure spirits when adulterated.

Purchase or sell unbranded spirits.

Inspectors appointed by Governor.

Persons

eligible to appointment.

Sec. 5. That it shall be unlawful for any person knowingly to ship, consign, sell, or offer for sale as pure spirits of turpentine, any wood spirits of turpentine, or adul terated spirits of turpentine, or to ship, consign, sell, or offer for sale, as wood spirits of turpentine, any adu!terated wood spirits of turpentine; and any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and shall upon conviction thereof be fined not more than $1,000.00, or imprisoned for not more than one year, or both, in the discretion of the Court.

Sec. 6. Any person who shall knowingly purchase or receive, or offer for sale, or sell, any spirits of turpentine, or wood spirits of turpentine, which has not been marked, branded or stamped in accordance with this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $1,000.00 or imprisoned not more than six months in the county jail, or both, in the discretion of the Court.

Sec. 7. That upon the passage and approval of this Act the Governor shall appoint a Supervising Inspector of Naval Stores, one or more Inspectors of Naval Stores at large, and shall appoint in each port in this State to which naval stores are or may be consigned for sale or shipment, a sufficient number of competent inspectors for the business at such port. The Supervising Inspec tor, Inspector of Naval Stores at large, and Inspectors of naval stores, shall be subject to removal by the Governor at any time for cause; and he shall have power at any time to fill vacancies in said offices. A person in order to be eligible to appointment to any of said of fices must be a citizen of the State of Florida, must be skilled in the inspection of and familiar with the grades of naval stores, and competent to detect adulterations thereof. No person shall be appointed an Inspector, Inspector at large, or Supervising Inspector of Naval Stores, who at the time of his appointment is a producer or factor, or buyer of, or dealer in naval stores, or em ployed by or connected in business with any producer, factor, buyer or dealer; and it shall be unlawful and a cause for removal from office for any inspector, inspector at large, or supervising inspector of naval stores, dur ing his term of office, to become a producer, factor, buyer

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